Are the statements and representations in the recitals of the Baymont Inn Suites franchise agreement considered part of the agreement itself?

According to the 2025 Baymont Inn Suites Franchise Disclosure Document, the statements and representations detailed in the recitals of the agreement are affirmed by each party involved. These recitals are incorporated into the agreement by reference, holding the same weight and effect as if they were explicitly restated within the agreement itself. This inclusion ensures that all parties acknowledge and agree to the foundational statements upon which the agreement is built.

For a prospective Baymont Inn Suites franchisee, this means that the recitals are not merely introductory or background information but are legally binding components of the franchise agreement. Any inaccuracies or misrepresentations in the recitals could potentially lead to legal disputes or affect the franchisee's rights and obligations. Therefore, it is crucial for franchisees to carefully review and understand the recitals before signing the agreement.

This clause is fairly standard in franchise agreements, as it ensures that all parties are aligned on the basic understandings and intentions behind the agreement. Franchisees should pay close attention to these recitals and seek legal counsel if they have any concerns about their accuracy or implications. This will help ensure a clear understanding of the agreement and minimize potential risks.